Families supported by the Independent Schools Council file Judicial Review claim
Six families supported by the Independent Schools Council (ISC) have filed a judicial review claim in the High Court of England and Wales, challenging the introduction of VAT on the provision of education by independent primary and secondary schools. The claim is being made against the Treasury, with Chancellor, Rachel Reeves named as the defendant.
The claim highlights that the introduction of VAT in January is already being felt far and wide, forcing families to weigh up their options. Children with special educational needs or disabilities (SEND) are facing real uncertainty; families of vulnerable girls in single-sex schools are confronting painful choices; minority Jewish and Muslim families fear they cannot provide an education for their children that respects their faith; and, foreign nationals following the curriculum of their home country have few, if any, alternatives.
Julie Robinson, CEO at the ISC, commented: “Throughout the debate over charging VAT on education, we have consistently said that the diversity within independent schools has been ignored by policymakers. As a result of the government’s blanket approach, the impact is likely to be felt immediately by many families and children, many of whom have chosen an independent school for reasons including faith, SEND support, dual-language learning or single-sex education. It is to protect the rights of these families, who are having their choice removed from them by this policy, that we are seeking a declaration of incompatibility.”
The ISC is also concerned about the wider impact of the policy across independent education, which it explains in detailed evidence in support of the claim.
Sophie Kemp, Partner and Head of Public Law at Kingsley Napley, representing the claimants said: “The families are asking for careful and swift scrutiny of the impact of VAT on their lives which they feel has been ignored by the government as it seeks to rush its policy through.”
The families are calling for the claim to be heard on an expedited basis. They argue that the introduction of VAT impedes access to education at independent schools and is incompatible with the right to education guaranteed by Article 2 of the First Protocol of the European Convention on Human Rights. They also claim that the policy infringes Article 14 of the Convention because it causes unnecessary and discriminatory harm to certain categories of children. The families seek a declaration of incompatibility under section 4 of the Human Rights Act on the basis that the amendments to the Value Added Tax Act 1994 are incompatible with ECHR rights.
The ISC hopes to work constructively with the government to help it understand the true impact of VAT on the education sector, especially on small, low-fee faith schools and on SEND provision for young people who need support but who do not have an Education, Health and Care Plan. However, it is also committed to supporting the children and families pursuing the claim and those in similar situations, to protect the rights of children affected and ensure they can continue to access the education they need.
Noted to Editors:
- The families are seeking an anonymity order from the court.
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